Quebec election-night shooting delayed once again

The Canadian Press
Published Friday, January 18, 2013 6:27AM EST
Last Updated Friday, January 18, 2013 3:38PM EST

MONTREAL -- The man charged with murder in Quebec's election-night shooting should find out Monday if he's fit to stand trial following yet another delay in the case.

The latest snafu occurred after the psychiatrist who saw Richard Henry Bain failed to appear in court Friday due to illness.

Two previous delays involved language: the first because of Bain's unwillingness to meet with a French-speaking psychiatrist and the second after a French-only report of his assessment needed to be translated into English.

Bain insists he's fit to stand trial while the judge and the Crown have both said they are ready to proceed.

But Bain's legal-aid lawyer, Elfriede Duclervil, said she wanted to hear from Chantal Bouchard, who conducted the assessment, about Bain's unwillingness to discuss the facts of the case.

Duclervil said in court that Bouchard told her in a telephone exchange that's Bain fitness was inconclusive because she wasn't able to evaluate him fully.

According to Duclervil, Bouchard noted in the report that Bain's lack of communication could stem from a psychotic disorder or his own rigidity. Bouchard also suggested that maybe Bain would discuss the matter only with an English-speaking psychiatrist.

Bain told the court it was his lawyer who instructed him to limit his answers. The accused previously said he's "75 per cent fit" to stand trial.

Duclervil said the issue is relevant because she has had trouble discussing a defence with him.